<PRE>According to the Unemployement Insurance Code, they don't have </PRE><PRE>to verify the debt. I maybe stuck with this summary judgment. </PRE><PRE>1375. Any person who is overpaid any amount of benefits under this
part is liable for the amount overpaid unless any of the following is
applicable:</PRE><PRE> (a) (1) The overpayment was not due to fraud, misrepresentation or
willful nondisclosure on the part of the recipient, and (2) the
overpayment was received without fault on the part of the recipient,
and its recovery would be against equity and good conscience.
(b) The person who received the overpayment cooperates with the
department in an investigation that results in the assessment of a
penalty under Section 1144 or the prosecution or other action taken
to impose a penalty pursuant to Section 2121.
(c) The department determines that it is in the interest of
justice to waive all or part of the liability established under this
section because the overpayment was a direct result of inducement,
solicitation, or coercion on the part of the employer.


1378. The Appeals Board shall review an appeal from an overpayment
determination as provided in Sections 1336 and 1337 and determine
what amount, if any, shall be recovered.


1379. The director, subject to this article, may do any or all of
the following in the recovery of overpayments of unemployment
compensation benefits:</PRE><PRE> (a) File a civil action against the liable person for the recovery
of the amount of the overpayment within one year after any of the
following, or, in cases where the individual has been overpaid
benefits due to fraud, misrepresentation, or nondisclosure as
described in Section 1375.1, within three years of any of the
following:</PRE><PRE> (1) The mailing or personal service of the notice of overpayment
determination if the person affected does not file an appeal to an
administrative law judge.
</PRE><PRE> (2) The mailing of the decision of the administrative law judge if
the person affected does not initiate a further appeal to the
appeals board.</PRE><PRE> (3) The date of the decision of the appeals board.
(b) Initiate proceedings for a summary judgment against the liable
person. However, this subdivision applies only where the director
has found, pursuant to Section 1375, that the overpayment may not be
waived because it was due to fraud, misrepresentation, or willful
nondisclosure on the part of the recipient. The director may, not
later than three years after the overpayment became final, file with
the clerk of the proper court in the county from which the
overpayment of benefits was paid or in the county in which the
claimant resides, a certificate containing all of the following:
(1) The amount due, including the assessment made under Section
1375.1, plus interest from the date that the initial determination of
overpayment was made pursuant to Section 1376.
</PRE><PRE> (2) A statement that the director has complied with all the
provisions of this article prior to the filing of the certificate.</PRE><PRE> (3) A request that judgment be entered against the liable person
in the amount set forth in the certificate.
The clerk, immediately upon the filing of the certificate, shall
enter a judgment for the State of California against the liable
person in the amount set forth in the certificate.
For the purposes of this subdivision only, an overpayment is final
and due and payable after any of the following:
(A) The liable person has not filed an appeal pursuant to Section
1377.
(B) The liable person has filed an appeal to the administrative
law judge and a decision of an administrative law judge has become
final.
(C) The liable person has filed an appeal to the appeals board and
the decision of the appeals board has become final because the
liable person has not sought judicial review within the six-month
period provided by Section 410.
(c) Reduce or vacate a summary judgment by filing a certificate to
that effect with the clerk of the proper court.
(d) Offset the amount of the overpayment received by the liable
person against any amount of benefits to which he or she may become
entitled under this division within six years of the date of the
mailing or personal service of the notice of overpayment
determination.</PRE><PRE>&</PRE><PRE>Government really knows how to box you in, don't they?</PRE><PRE>



1381. The director shall enforce collection of any judgment
obtained by the director under subdivision (a) or (b) of Section
1379. Amounts collected under this section shall be deposited in the
fund from which the overpayment was made, except that the amounts
collected to offset the costs of collections shall be deposited in
the Unemployment Administration Fund and the amounts collected
pursuant to Section 1375.1 shall be deposited in the Benefit Audit
Fund.


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